Back
2021 Supreme(Online)(KER) 50468
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.3203 OF 2021(A) PETITIONERS: 1 SOBHA SREEKUMAR, AGED 53 YEARS W/O SREEKUMAR,CHITHIRA HOUSE, MAVUKONAM,MUNDELA.P.O, THIRUVANANTHA.PURAM DISTRICT. 2
THAHIRA BEEVI.A, AGED 46 YEARS W/O.ABDUL JALEEL,M.S.MANZIL, KUZHIVILA,CHEKKAKONAM, KARAKULAM.P.O, THIRUVANANTHAPURAM. 3
SARANYA.P.J, AGED 32 YEARS D/O.PARAMESWARAN NAIR,AKSHAY BHAVAN,MUKKOLAYKKAL,NEDUMANGAD, THIRUVANANTHAPURAM.
LATHA.R, AGED 47 YEARS W/O.VIJAYAN,KAITHARATHALA HOUSE, KALKUZHI,KALATHARA,MANJA.P.O, THIRUVANANTHAPURAM ASWATHY.R.R, AGED 34 YEARS D/O.RAVI,ASWATHI BHAVAN, KALKUZHI, KALATHARA,MANJA.P.O, THIRUVANANTHAPURAM.
VINITHA.V, AGED 27 YEARS D/O.VIJAYAKUMAR, MELEKUNNUMPURATH HOUSE, MANJA.P.O, KOKKOTHAMANGALAM, THIRUVANANTHAPURAM DISTRICT.
BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.) SRI.ARUN CHANDRAN
SMT.NISHA GEORGE RESPONDENTS: THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR,CO-BANK TOWERS, VIKAS BHAVAN.P.O, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY.
THE JOINT REGISTRAR OF CO OPERATIVE SOCIETIES(GENERAL), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL),RAJAJI NAGAR MARKET ROAD,STATUE,THYCAUD,
THIRUVANANTHAPURAM-695001.
THE ELECTORAL OFFICER/THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL),NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT-695541.
THE RETURNING OFFICER/UNIT INSPECTOR, NEDUMANGAD,OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL), NEDUMANGAD,THIRUVANANTHAPURAM DISTRICT, PIN CODE-695541.
THE NEDUMANGAD BLOCK VANITHA CO-OPERATIVE SOCIETY LTD,
NO.1219,NEYYATTINKARA,NEDUMANGAD.P.O, THIRUVANANTHAPURAM DISTRICT,PIN CODE-695541, REPRESENTED BY ITS SECRETARY.
THE SECRETARY-IN-CHARGE, THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY
LTD,NO.1219,NEYYATTINKARA,NEDUMANGAD.P.O, THIRUVANANTHAPURAM DISTRICT-695541.
AMBIKA, MEMBER NO.6,THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY LTD,THIRUVANANTHAPURAM DISTRICT-695541, RESIDING AT AALUVILA HOUSE, KARANTHALA, KARIPPORU.P.O, THIRUVANANTHAPURAM DISTRICT-695541.
SHOBANA.L, MEMBER NO.17,THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY LTD,THIRUVANANTHAPURAM DISTRICT-695541, RESIDING AT AALUVILA HOUSE,KARANTHALA, KARIPPORU.P.O, THIRUVANANTHAPURAM DISTRICT-695541.
SANTHAKUMARI.S, MEMBER NO.1060,THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY LTD,THIRUVANANTHAPURAM DISTRICT-695541, RESIDING AT AALUVILA HOUSE,KARANTHALA, KARIPPORU.P.O, THIRUVANANTHAPURAM DISTRICT-695541.
THULASI.J, MEMBER NO.1060,THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY LTD,THIRUVANANTHAPURAM DISTRICT-695541, RESIDING AT AALUVILA HOUSE,KARANTHALA, KARIPPORU.P.O, THIRUVANANTHAPURAM DISTRICT-695541.
KUMARI J, MEMBER NO.67,THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY LTD,THIRUVANANTHAPURAM DISTRICT-695541, RESIDING AT AALUVILA HOUSE,KARANTHALA, KARIPPORU.P.O, THIRUVANANTHAPURAM DISTRICT-695541.
APSARA, MEMBER NO.690,THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY LTD,THIRUVANANTHAPURAM DISTRICT-695541, RESIDING AT AALUVILA HOUSE,KARANTHALA, KARIPPORU.P.O, THIRUVANANTHAPURAM DISTRICT-695541.
SHARMI.L.R, MEMBER NO.1119,THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY LTD,THIRUVANANTHAPURAM DISTRICT-695541, RESIDING AT AALUVILA HOUSE,KARANTHALA, KARIPPORU.P.O, THIRUVANANTHAPURAM DISTRICT-695541. R1 BY ADV. SRI.R.LAKSHMI NARAYAN R5-6 BY ADV. SRI.R.B.RAJESH R7-13 BY ADV. SRI.S.K.SAJU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.02.2021, ALONG WITH WP(C).1725/2021(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE SUNIL THOMAS FRIDAY, THE 19TH DAY OF FEBRUARY 2021 / 30TH MAGHA,1942
WP(C).No.1725 OF 2021(M) PETITIONER: THAHIRA BEEVI A, AGED 46 YEARS W/O. ABDUL JALEEL, M.S. MANZIL, KUZHIVILA, CHEKKAKONAM P.O., KARAKULAM, THIRUVANANTHAPURAM DISTRICT- 695 564. BY ADVS.
SRI.GEORGE POONTHOTTAM (SR.)
SMT.NISHA GEORGE RESPONDENT/S: THE KERALA STATE CO-OPERATIVE ELECTION COMMISSION 3RD FLOOR, CO-BANK TOWERS, VIKAS BHAVAN P.O., THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS SECRETARY.
THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), OFFICE OF THE JOINT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL), RAJAJI NAGAR MARKET ROAD, STATUE, THYCAUD, THIRUVANANTHAPURAM-695 001.
THE ELECTORAL OFFICER/THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES (GENERAL), OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL), NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN CODE 695 541.
THE RETURNING OFFICER/UNIT INSPECTOR, NEDUMANGAD, OFFICE OF THE ASSISTANT REGISTRAR OF COOPERATIVE SOCIETIES(GENERAL), NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN CODE 695 541.
THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY LTD. NO.1219 NEYYATTINKARA, NEDUMANGAD P.O., THIRUVANANTHAPURAM DISTRICT, PIN CODE 695 541, REPRESENTED BY ITS SECRETARY. THE ADMINISTRATIVE COMMITTEE, THE NEDUMANGAD BLOCK VANITHA COOPERATIVE SOCIETY LTD. NO.1219, NEDUMANGAD P.O., THIRUVANANTHAPURAM DISTRICT, PIN CODE 695 541, REPRESENTED BY ITS CONVENER.
K GEETHA @ GEETHA KUMARI, ORIYARIKKONAM PLAVILA VEEDU, KARIPUR POST OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT, PIN CODE 695 541 R1 BY ADV. SHRI.R.LAKSHMI NARAYAN, SC, STATE CO- OPERATIVE ELECTION COMMISSION (SCEC) R5-6 BY ADV. SRI.R.B.RAJESH R7 BY ADV. SRI.S.K.SAJU OTHER PRESENT: SR.GP - K.P.HARISH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
19.02.2021, ALONG WITH WP(C).3203/2021(A), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
COMMON JUDGMENT
The petitioner in W.P(C).No.3203 of 2021 is a member of the 5 th respondent society with membership number 1102. The society is a class X society and it was being administered by a managing committee of seven elected members. On the basis of the report of the Unit Inspector on 04.01.2019, the Joint Registrar issued a proceeding and a part time administrator was appointed. By Ext.P3, order dated 10.02.2020, it was substituted by an administrative committee comprised of 3 persons, which included the 7 th respondent, one K.Geetha. In Ext.P3, the said Geetha was referred as “membership No.76” residing at Oriyarikonam, Plavila Veedu, Karipur P.O, Nedumangad. According to the petitioner, in fact the 7 th respondent is not Geetha with membership No.76, whose address was shown as “Grace Bhavan, Karipur P.O, Nedumangad. The 7 th respondent is a totally different person. The 7 th respondent is one Geethakumari and is an elected member of the Nedumangad Municipality. Original Geetha, whose membership was No.76, belongs to Harijan community, whereas the 7 th respondent herein belongs to Nair community. It was also contended that, the father's name of 7 th respondent was Appukuttan Nair. Accordingly, the specific contention of the petitioner was that, the 7 th respondent Geetha Kumari was not K.Geetha who was allotted membership No.76. It was also contended that the 7 th respondent is hence not a member of the society. She has usurped the authority and is continuing the power based on forged documents. It was also stated that the admission register of the society was tampered with and the name and address of “Geetha, Grace Bhavan” was changed to suit the address of the 7 th respondent.
2. In the meanwhile, pursuant to a decision of the administrative committee, Ext.P9 election notification was issued. The date of publication of voters list was on 15.01.2021. However, on that day, the draft voters list was not published under the directions of the Electoral Officer. It was understood that the draft list was published only on
25.01.2021. It was further contended that, the total member of voters in the previous election was 977 as evident from Ext.P10. After that election, the managing committee enrolled 148 new members increasing the total membership to 1125 members. Thereafter, the present administrative committee enrolled 125 new members and their names were also included in the draft voters list. Though Ext.P12 detailed objection was submitted to the Electoral Officer on 19.01.2021, no action was taken thereon.
3. According to the petitioner, since the committee has constituted with forged records, all decisions taken by the committee was non-est and liable to be interfered. According to the petitioner, notification was issued pursuant to the decision of the administrative committee which had no authority to take a decision. Hence, the prayer sought in the Writ Petition was to declare Ext.P9 notification as invalid, legally unsustainable and to quash it.
4. The writ petitioner in WP(C).No.1725 of 2021 has also filed
W.P(C).3203 of 2021 along with five other members. The case of all the writ petitioners was that, the election to the administrative committee was proposed to be held on 20.01.2021. The petitioners appeared before the Secretary at 10.30p.m., on 04.02.2021, the date notified for receipt of nominations and submitted amount required to be deposited along with the nomination. However, it was not accepted. Thereafter, they submitted the nomination, which was accepted. In this circumstance, they were constrained to file nomination without deposit. The Secretary was acting under the dictates of the Managing Committee. Returning Officer by proceeding dated 06.02.2021, rejected the nominations on the ground that, they failed to
